Tools and powers available to tackle ASB
There are a number of different tools and powers available to use by the Borough Council and these will be used/applied where appropriate and in a proportionate way.
A warning letter or Acceptable Behaviour Agreement
Warning letters may be sent in the first instance and provide the perpetrator with information as to why they are being investigated and what behaviour should cease. The letter is not legally binding but can let people know that the behaviour they are undertaking is causing distress to someone else.
An Acceptable Behaviour Agreement (ABA) is an agreement which is normally signed by a parent when a young person has been found to be causing anti-social behaviour. The ABA sets out what the young person should or should not be doing. These are not legally binding but provide guidance for the young people and their parents.
Referral to Mediation services
Mediation is a process through which parties in dispute have the opportunity to understand one another’s point of view and negotiate an agreement which is arrived at by the parties themselves rather than one which is imposed. The process is facilitated by trained mediators who ensure that both sides have equal say and any agreements reached are based on what both sides think is fair.
The Anti-social Behaviour Office is able to refer to Mediation (with consent) as a means to resolve low level ASB which enables issues to be resolved amicably by both parties.
Community Protection Warnings and Community Protection Notice (CPN)
The CPW and CPN are intended to deal with particular, on-going problems, or nuisances that negatively affect the community’s quality of life by targeting those responsible. CPWs are the initial first response to alleviate the issue without a need for further escalation. If the matter is not resolved, a CPN can then be served. CPW and CPN’s can be used to tackle a wide range of problem behaviours including (but not limited to) graffiti, rubbish and noise. CPW and CPN’s can be served on any person over the age of 16 or a body, including a business. Failure to comply with the requirements of a CPN, the offender may be offered the opportunity to discharge their liability to conviction, when a Fixed Penalty Notice may be issued using powers contained within the Anti-social Behaviour, Crime and Policing Act 2014, it is the Policy of this Authority that the amount shall be set at the maximum amount specified, which is currently £100.
Public Space Protection Order
The PSPO is intended to deal with a particular nuisance or problem in a particular area that is detrimental to the local community’s quality of life, by imposing conditions on the use of the area which apply to everyone. This could include, but is not restricted to, placing restrictions on the use of parks, alleyways, or communal areas to prevent problems with misuse of alcohol, dogs or noise. Breach of a PSPO can lead to a Fixed Penalty Notice.
We will also work with our partners to utilise the tools that they have available to them. These tools may include Injunctions, Closure Orders and Acceptable Behaviour Agreements.